Tex. Prop. Code Section 82.102
Powers of Unit Owners’ Association

(a)

Unless otherwise provided by the declaration, the association, acting through its board, may:

(1)

adopt and amend bylaws;

(2)

adopt and amend budgets for revenues, expenditures, and reserves, and collect assessments for common expenses from unit owners;

(3)

hire and terminate managing agents and other employees, agents, and independent contractors;

(4)

institute, defend, intervene in, settle, or compromise litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium;

(5)

make contracts and incur liabilities relating to the operation of the condominium;

(6)

regulate the use, maintenance, repair, replacement, modification, and appearance of the condominium;

(7)

adopt and amend rules regulating the use, occupancy, leasing or sale, maintenance, repair, modification, and appearance of units and common elements, to the extent the regulated actions affect common elements or other units;

(8)

cause additional improvements to be made as a part of the common elements;

(9)

acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, except common elements of the condominium;

(10)

grant easements, leases, licenses, and concessions through or over the common elements;

(11)

impose and receive payments, fees, or charges for the use, rental, or operation of the common elements and for services provided to unit owners;

(12)

impose interest and late charges for late payments of assessments, returned check charges, and, if notice and an opportunity to be heard are given in accordance with Subsection (d), reasonable fines for violations of the declaration, bylaws, and rules of the association;

(13)

adopt and amend rules regulating the collection of delinquent assessments and the application of payments;

(14)

adopt and amend rules regulating the termination of utility service to a unit, the owner of which is delinquent in the payment of an assessment that is used, in whole or in part, to pay the cost of that utility;

(15)

impose reasonable charges for preparing, recording, or copying declaration amendments, resale certificates, or statements of unpaid assessments;

(16)

enter a unit for bona fide emergency purposes when conditions present an imminent risk of harm or damage to the common elements, another unit, or the occupants;

(17)

suspend the voting privileges of or the use of certain general common elements by an owner delinquent for more than 30 days in the payment of assessments;

(18)

purchase insurance and fidelity bonds it considers appropriate or necessary;

(19)

exercise any other powers conferred by the declaration or bylaws;

(20)

exercise any other powers that may be exercised in this state by a corporation of the same type as the association; and

(21)

exercise any other powers necessary and proper for the government and operation of the association.

(b)

The declaration may not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons.

(c)

To be enforceable, a bylaw or rule of the association must not be arbitrary or capricious.

(d)

Before an association may charge the unit owner for property damage for which the unit owner is liable or levy a fine for violation of the declaration, bylaws, or rules, the association shall give to the unit owner a written notice that:

(1)

describes the violation or property damage and states the amount of the proposed fine or damage charge;

(2)

states that not later than the 30th day after the date of the notice, the unit owner may request a hearing before the board to contest the fine or damage charge; and

(3)

allows the unit owner a reasonable time, by a specified date, to cure the violation and avoid the fine unless the unit owner was given notice and a reasonable opportunity to cure a similar violation within the preceding 12 months.

(e)

The association may give a copy of the notice required by Subsection (d) to an occupant of the unit. The association must give notice of a levied fine or damage charge to the unit owner not later than the 30th day after the date of levy.

(f)

Except as provided by Subsection (g), the association by resolution of the board of directors may:

(1)

borrow money; and

(2)

assign as collateral for the loan authorized by the resolution:

(A)

the association’s right to future income, including the right to receive assessments; and

(B)

the association’s lien rights.

(g)

If a dedicatory instrument requires a vote of members of the association to borrow money or assign the association’s right to future income or the association’s lien rights, the loan or assignment must be approved as provided by the dedicatory instrument. The board may determine whether a vote for that purpose may be cast electronically, by absentee ballot, in person or by proxy at a meeting called for that purpose, or by written consent. If a lower approval threshold is not provided by the dedicatory instrument, approval requires the consent of owners holding 67 percent of all voting interests.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 678 (H.B. 2075), Sec. 3, eff. September 1, 2013.

Source: Section 82.102 — Powers of Unit Owners' Association, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­102 (accessed Jun. 5, 2024).

82.001
Short Title 82.002
Applicability 82.003
Definitions 82.004
Variation by Agreement 82.005
Separate Titles and Taxation 82.006
Applicability of Local Ordinances, Regulations, and Building Codes 82.007
Condemnation 82.008
Venue 82.051
Creation of Condominium 82.052
Unit Boundaries 82.053
Construction and Validity of Declaration and Bylaws 82.054
Description of Units 82.055
Contents of Declaration for All Condominiums 82.056
Leasehold Condominiums 82.057
Allocation of Common Element Interests, Votes, and Common Expense Liabilities 82.058
Limited Common Elements 82.059
Plats and Plans 82.060
Exercise of Development Right 82.061
Alterations of Units 82.062
Relocation of Boundaries Between Adjoining Units 82.063
Subdivision of Units 82.064
Easement for Encroachments 82.065
Use for Sales Purposes 82.066
Easement Rights 82.067
Amendment of Declaration 82.068
Termination of Condominium 82.069
Rights of Secured Lenders 82.070
Meeting at Which Amendments May Be Adopted 82.101
Organization of Unit Owners’ Association 82.102
Powers of Unit Owners’ Association 82.103
Board Members and Officers 82.104
Transfer of Special Declarant Rights 82.105
Termination of Contracts and Leases of Declarant 82.106
Bylaws 82.107
Upkeep of Condominium 82.108
Meetings 82.109
Quorums 82.110
Voting and Proxies 82.111
Insurance 82.112
Assessments for Common Expenses 82.113
Association’s Lien for Assessments 82.114
Association Records 82.115
Association as Trustee 82.116
Management Certificate 82.117
Obligations of Unit Owners 82.118
Service of Process on Unit Owners in Certain Municipalities 82.119
Procedures for Filing Suit or Initiating Arbitration Proceedings for Defect or Design Claims for Certain Associations 82.120
Binding Arbitration for Certain Claims 82.121
Possession of Firearm or Firearm Ammunition on Condominium Property 82.151
Applicability 82.152
Liability for Condominium Information Statement 82.153
Condominium Information Statements in General 82.154
Condominiums with Conversion Buildings 82.155
Condominium Securities 82.156
Purchaser’s Right to Cancel 82.157
Resale of Unit 82.158
Escrow of Deposits 82.159
Release of Liens 82.160
Conversion Buildings 82.161
Effect of Violations on Rights of Action and Attorney’s Fees 82.162
Labeling of Promotional Material 82.163
Declarant’s Obligation to Complete and Restore 82.164
Loans as Eligible Investments 82.0675
Restriction Relating to Club Membership 82.1141
Access to Association Records
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 82.102’s source at texas​.gov